Re Kenese D. Rae, 2026 CanLII 45680

Re: Kenese D. Rae

ORB File No: 5775

Hearing held on: Tuesday, April 7, 2026

Place of hearing: Thunder Bay Regional Health Sciences Centre

Pursuant to: Section 672.81(1) of the Criminal Code

Before:

Alternate Chairperson: Mr. J. Goldenberg

Members: Dr. H. Bloom Dr. P. Wright Mr. M. Segal Ms. R. Chopra

Parties Appearing:

Accused: Kenese D. Rae Counsel: Mr. U. Agostino

Person in charge of Hospital: Representative: Dr. P. Schubert

Attorney General of Ontario: Counsel: Mr. T. Jukes

REASONS FOR DISPOSITION

(Dated May 5, 2026)

Introduction:

1. On December 20, 2010, Kenese D. Rae was found not criminally responsible on account of mental disorder with respect to charges of assault, cruelty to animals, uttering threats, and breach of undertaking. Mr. Rae is currently subject to a disposition of the Ontario Review Board dated May 22, 2025, by which he was ordered to be detained at the Secure Forensic Unit of the Thunder Bay Regional Health Sciences Centre, Thunder Bay (“the Hospital”).

2. On Tuesday, April 7, 2026, the Ontario Review Board convened a hearing at the Hospital and conducted the annual review of Mr. Rae’s disposition

Position of the Parties:

3. At the outset of the hearing, the parties were canvassed as to their recommendations to the Board.

4. Dr. Schubert appeared for the Hospital. He advised of the Hospital position that Mr. Rae remains a significant threat to public safety, and if the Board so agrees, the necessary and appropriate disposition is a continuation of a Detention Order with the exact terms set out in last year’s disposition

5. Mr. Jukes appeared for the Attorney General. Mr. Jukes anticipated supporting the Hospital’s recommendation.

6. Mr. Agostino appeared for Mr. Rae. Mr. Agostino advised that he and his client also support the Hospital’s recommendation. In response to a question from the Alternate Chair, Mr. Agostino confirmed that at the present time, he accepts that his client remains a significant threat to public safety, and at the present time, the necessary and appropriate disposition is a continuation of the Detention Order with the exact terms set out in the current disposition.

Index Offences:

7. The allegations giving rise to the index offences are set out in last year’s disposition as follows:

“On October 9, 2010, Mr. Rae was released from custody by way of a promise to appear and undertaking to keep the peace and be of good behaviour.

On October 16, 2010, Mr. Rae became angry with a woman believed to be his girlfriend. He began to yell, swear and throw furniture around the house. He then took the family dog into the yard and beat it with a rake, resulting in the dog’s death. Mr. Rae’s sister, Geraldine Rae, reported that less than a week earlier, her brother had asked if she wanted to die and then said, ‘No, not you it’s not your time right now’. Police attended from Sandy Lake, arrested Mr. Rae and took him into custody in the Sandy Lake detachment.

The Synopsis also indicated that ‘investigation reveals during the 1st week of September, the accused, Kenese Rae, jabbed his fingers into the ribs of the victim 23 month old Robbie Kakegamic about 3 to 5 times’.

The Hospital Report indicated that on October 8, 2010, the day prior to his release from custody on a promise to appear, Mr. Rae had been brought by police from North Spirit Lake to Meno Ya-Win Health Centre in Sioux Lookout. Apparently, Mr. Rae was allegedly caught breaking into a school and police reported that, over the past month, there had been multiple complaints about Mr. Rae’s behaviour in the community.”

Evidence at the Hearing:

8. The Board admitted into evidence the hospital report dated March 26, 2026, and a violence risk assessment dated March 25, 2026. As the Hospital Report and violence risk assessment provide a great deal of information concerning Mr. Rae, it is not necessary to reproduce the information contained in those documents in these reasons. We do note, however, the stated diagnoses of:

• Schizophrenia
• Cannabis Use Disorder
• Cocaine Use Disorder
• Alcohol Use Disorder

9. In addition to the documentary evidence, the Board heard from Dr. Schubert. Dr. Schubert has been following Mr. Rae for approximately 15 years. Mr. Rae was first admitted to the Hospital in 2011. Dr. Schubert confirmed that his patient suffers from schizophrenia and also has a cannabis use disorder, cocaine use disorder, and alcohol use disorder. Dr. Schubert opined that Mr. Rae’s schizophrenia is being well-managed at this time. Generally, he does not display symptoms of schizophrenia save and except when he comes under stress.

10. Dr. Schubert noted that Mr. Rae has been able to live in the community for periods of time. Mr. Rae, however, was admitted to the Hospital approximately 16 months ago. Dr. Schubert noted and commented that Mr. Rae struggles when living in the community, and in particular struggles with the use of substances.

11. Within the last 16 months, Mr. Rae has gone AWOL on five occasions. Sometimes it is just for a day or two and he then returns. The last AWOL was from April 4^th to April 6^th. Dr. Schubert wonders whether the recent AWOL arose from the potential stress with attending for an Ontario Review Board hearing. It is very concerning to the doctor that when Mr. Rae goes AWOL, he inevitably finds and uses substances. Generally, on each of the AWOLs, he finds and uses opiates, cocaine, and alcohol. Dr. Schubert noted that his patient has a 10-year history of the use of those substances.

12. One of the early AWOLs occurred when Mr. Rae was placed in Andras Court for one week. On that occasion, Mr. Rae eloped from Andras Court after he had stolen a computer used at that residence, sold the computer, and apparently used that money to acquire substances. Dr. Schubert noted the report of Mr. Rae’s threatening behaviour towards an Andras Court staff member during that incident. Dr. Schubert advised that if Mr. Rae were ever to return to Andras Court, that staff member would leave his position at that residence. In hospital, Mr. Rae has been threatening to staff members. He has also been threatening to co-patients.

13. Dr. Schubert advised that Mr. Rae currently has four outstanding criminal charges. There are two escape lawful custody charges, one theft under $5,000, and one charge of unlawfully at large.

14. Dr. Schubert then noted some positive facts. Dr. Schubert believes that Mr. Rae has “tried harder” this year. This year, Mr. Rae has also been able to use a number of community passes without difficulty.

15. Dr. Schubert noted that there are intake meetings with respect to potential placement at the Salvation Army residence, the Home for Special Care residence, and Habitat. Dr. Schubert noted that the first two residences do have 24-hours of supervision and Habitat only has limited supervision. There is another potential residence option, the Lodge on Dawson, which is a transitional facility, but it does not appear that the intake meeting includes the Lodge on Dawson.

16. In response to questions from Mr. Agostino, Dr. Schubert advised that all of Mr. Rae’s privileges are on hold currently by reason of his most recent AWOL. Dr. Schubert acknowledged that previously, Mr. Rae has been able to use a number of four-hour community passes. Dr. Schubert also advised that Mr. Rae has been working with a social worker and with Ms. Lake, a psychologist.

17. In response to questions from a panel member, Dr. Schubert confirmed that Mr. Rae has a history of significant aggressive and assaultive conduct, generally involving former intimate partners.

18. In response to questions from another panel member, Dr. Schubert agreed that some consideration should be given to a diagnosis of antisocial personality traits.

19. In response to a further question from a panel member, Dr. Schubert advised that Mr. Rae’s drug of choice is cocaine and then alcohol. Dr. Schubert acknowledged that Mr. Rae is being treated with an anti-craving medication.

20. Another panel member asked Dr. Schubert whether the clinical team has given any consideration to a transfer to Waypoint on the basis that a Detention Order at Waypoint might indeed be less onerous and less restrictive than continuing with the current disposition considering all of the difficulties that have arisen both in the community and in the Hospital over the past number of months. Dr. Schubert acknowledged that in fact some consideration has been given to a potential transfer to Waypoint, but he is not recommending such a transfer at this time.

21. No other evidence was heard at this hearing.

Final Submissions

22. The Board noted that all parties were in agreement that at the present time, Mr. Rae represents a significant threat to public safety, and at the present time, the necessary and appropriate disposition is a Detention Order.

23. The Board also noted that some questions had been raised whether the necessary and appropriate disposition would be a Detention Order at Waypoint as opposed to a Detention Order at the Thunder Bay Regional Health Sciences Centre. Dr. Schubert acknowledged that some thought had been given about a possible transfer to Waypoint. However, he and the clinical team are of the opinion that Mr. Rae should continue under a Detention Order at Thunder Bay.

24. Dr. Schubert reminded the panel that some consideration will be given towards the end of this month (April 28) to a possible transfer to supervised accommodation. Dr. Schubert urged the panel not to transfer Mr. Rae to Waypoint.

25. Mr. Jukes also submitted that the necessary and appropriate disposition is a Detention Order at the Hospital.

26. Mr. Agostino also noted that there was a joint recommendation for a continued Detention Order at Thunder Bay and that the Board should be reluctant to ignore a joint recommendation.

Findings of the Board

27. The Board considered this matter at length. The Board obviously has significant concerns arising from a history of assaultive conduct, especially as against intimate partners. Ultimately, however, the Board has concluded to continue with a Detention Order at the Hospital. We relied on Dr. Schubert’s evidence that should Mr. Rae be accepted for one of the possible supervised accommodations and should he again act out in an assaultive manner, that the Hospital would have no hesitation in calling for an early board should the Hospital reach the conclusion that a Detention Order at Waypoint would be both necessary and appropriate.

28. There is one other comment. During our consideration, one of the panel members raised the issue of whether or not Mr. Rae has ever been treated with Clozapine, and if not, would it be appropriate for the Hospital to give some consideration to the issue.

29. Accordingly, we will issue a disposition with the exact terms as set out in last year’s disposition.

30. In reaching our disposition, the Board has taken into consideration the safety of the public, Mr. Rae’s mental condition, his other needs, and his potential reintegration into society.

DATED this 5th day of May 2026, at the City of Toronto, in the Toronto Region.

Mr. J. Goldenberg

Alternate Chairperson

_________________

Office of the Registrar

Ontario Review Board